Business News

In terms of employee rights during storm conditions, according to employment law professionals, employers are not legally obliged to pay staff that do not turn up to work, even in cases where staff are physically unable to make the journey to the place of work.

“Good employment practice would say that an employer would look at such an incidence sympathetically,” Labour and Employment law expert, Marguerite Bolger SC, told Independent.ie.

“If the workplace is open but the employee is not in a position to get it, as a matter of strict employment law, there is not a legal obligation to pay them,” Ms Bolger said.

“Against the backdrop of a red alert, I would question an employee practice what would dock wages where an employees health and safety is reasonably at risk from travelling to and from work,” she continued.

In situations where an employee is required to remain at home to mind children due to closed schools, again employers are not legally obliged to pay staff.

However, if the workplace itself closes, in those circumstances where employees are being prevented from working, then there is an entitlement to be paid unless there is an express provision in the contract for putting employees on short-term contract, for example on seasonal contracts.

Meanwhile the Small Firms Association (SFA) has advised businesses to put in place an employer policy on absence due to adverse weather.

This should address the situations where employees are unable to attend work, or where businesses have no work available due to circumstances beyond their control, the group said.

“Small businesses must ensure that they have plans in place for the worst-case scenario and that these are communicated to staff,” Sven Spollen-Behrens, director of the SFA, said.

“Then it is a matter of monitoring the situation closely and checking the Met Éireann website for updates throughout the coming days. At all times, safety considerations should be paramount.”

Mr Spollen-Behrens went on to say that every business was different and that every business would need to make its own assessment as to how best to ensure employee safety and minimise disruption.

Meanwhile, business representative group Ibec has said that it is encouraging all businesses to assess the Storm Emma situation carefully and to develop appropriate contingency plans that put employee safety first as well as minimise potential disruption.

In a statement yesterday Ibec said that it would continue to monitor the situation over the coming days and update its members as appropriate.